149Evidential certificates

#### 149 Evidential certificates (1) This section has effect for the purposes of any proceeding: (a) under or for the purposes of this Code or an eligible law of this jurisdiction; and (b) before a court or tribunal of this jurisdiction or an authority or person having power to require the production of documents or the answering of questions in this jurisdiction; other than a proceeding for an offence that is directly punishable by imprisonment. (2) A certificate that states a matter referred to in subsection (3) is prima facie evidence of that matter if it is signed by the Chief Executive Officer of the APVMA, or by a member of the staff of the APVMA whom the APVMA has authorised to give certificates under this section. (3) The matters that may be stated in a certificate referred to in subsection (2) are as follows: (a) that a substance referred to in the certificate was, or was not, at a particular time, or during a particular period, an active constituent, or an approved active constituent, for a proposed or existing chemical product; (b) that a chemical product referred to in the certificate was, or was not, at a particular time, or during a particular period, a chemical product or a registered chemical product; (c) that a label referred to in the certificate was, or was not, at a particular time, or during a particular period, an approved label for containers for a chemical product or a label for containers for a chemical product that is required by an established standard for the product; (d) that a permit or exemption referred to in the certificate was in force at a particular time or during a particular period; (e) that an approval, registration, permit or exemption referred to in the certificate was suspended at a particular time or during a particular period; (f) that an approval, registration, permit or exemption referred to in the certificate is, or was at a particular time or during a particular period, subject to a stated condition; (g) that the matter appearing on an approved label or on a label for containers for a chemical product that is required by an established standard for the product, or in a permit, referred to in the certificate is identical to matter set out in, or in a writing annexed to, the certificate; (h) that a person named in the certificate was an inspector at a particular time or during a particular period; (i) that a document referred to in the certificate that purports to be a copy of, or an extract from, a record, register or file kept under this Code is a true copy or extract, as the case may be; (j) that a notice, direction or requirement referred to in the certificate was given at a particular time to a particular person under this Code; (k) that the APVMA had not received by a particular time an application, statement, report or other document, or any sample or other thing, referred to in the certificate that was required or permitted to be made or given to the APVMA by a person under this Code; (l) that a document referred to in the certificate is, or was at a particular time or during a particular period, a standard, rule, code, specification or method of a particular association, body or institution; (m) that a licence referred to in the certificate was in force at a particular time or during a particular period; (n) that a licence referred to in the certificate was suspended at a particular time or during a particular period; (o) that a licence referred to in the certificate is, or was at a particular time or during a particular period, subject to a stated condition; (p) that a particular statement contained in a document referred to in the certificate is, or was at a particular time or during a particular period, a manufacturing principle that the APVMA has determined. (4) Unless the contrary is proved, a document purporting to be a certificate referred to in subsection (2) is taken to be such a certificate and to have been duly given. (5) Unless the contrary is proved, evidence that a label attached to a sealed container contained any matter at any time in a manner prescribed or required by this Code in relation to a chemical product is also evidence that the product was in the container at that time.